NEVSUN RESOURCES LTD. V. ARAYA – SUPREME COURT OF CANADA ALLOWS ERITREAN MINERS’ CLAIM FOR VIOLATIONS OF CUSTOMARY INTERNATIONAL LAW TO PROCEED

16 March, 2020
On 28 February 2020 the Supreme Court of Canada in Nevsun Resources Ltd. v. Araya (2020 SCC 5) issued a 5-4 ruling allowing a claim by Eritrean miners against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company, to proceed. The miners had initiated proceedings in British Columbia against Nevsun alleging, among other things, breaches of … Read more

SPANISH COURT DECISION FOLLOWING END OF SUSPENSION OF THE US HELMS-BURTON ACT: JURISDICTION DECLINED IN CLAIM CONCERNING ASSETS NATIONALIZED BY CUBA

14 November, 2019
The decision recently delivered in the case Central Santa Lucia L.C. v. Meliá Hotels International S.A., brought before the First Instance Court of Palma de Mallorca (the “Decision”), is one of the first rendered by a European court concerning confiscated property in Cuba after the end of suspension of Title III of the Libertad Act … Read more

English Court of Appeal finds good arguable case that public policy exception applies to the foreign Act of State Doctrine allowing Ukraine to argue duress in claim under Eurobonds

07 November, 2018
In Ukraine v The Law Debenture Trust Corporation plc [2018] EWCA Civ 2026 the English Court of Appeal (the Court) partially upheld an appeal in favour of the state of Ukraine (Ukraine), reversing in part the summary judgment granted to The Law Debenture Trust Corporation plc (the Claimant) by the Commercial Court. The Claimant brought … Read more

Belhaj v Straw: English Court of Appeal rules that state immunity and the act of state doctrine does not prevent claims against the British government for alleged involvement in unlawful rendition

17 November, 2014
On 30 October 2014, the Court of Appeal in Belhaj v Straw and Others [2014] EWCA Civ 1394 ruled that state immunity and the act of state doctrine did not prevent claims against the British government for alleged involvement in the illegal rendition of a Libyan man and his wife to Gaddafi’s Libya in 2004. … Read more